Appeals Court Strikes Down Marriage Law

5/31/2012 12:32PM

An appeals court ruled Thursday that the heart of a law that denies a host of federal benefits to gay married couples is unconstitutional. Ashby Jones on Lunch Break has details and looks at the implications of today's ruling. Photo: AP.

This transcript has been automatically generated and may not be 100% accurate.

... I ... finding today ... all ... nine federal benefits to same sex ... married couples is unconstitutional ... illegal course Potash peaches has been following this case ... for months I was you know how long dead right here right here right now here with this ... up a turning point ... came the significance for us is a big deal I mean the the the the people the law called the defense of marriage Act which was passed back in the nineties which basically said that ... regard so what states do with states passed laws openings in sex marriage ... the federal government did not have to recognize it for purposes of paying out certain benefits ... so that's the sense that social Security exactly another another health benefits um etc ... aam he was challenged as unconstitutional alone work were up in Boston found that the unconstitutional that was appealed and today the Court of Appeals up there ... aam agreed and removal reported said this is this is unconstitutional as well but they could stay on the decision ... to shut the right and Britain drop the opinion he is ... um a lot of sort cautionary language saying we're not gonna overstepped we know this is headed to the Supreme Court ... were to let them decide its own fate with effectively did this is the state that decision ... aam pending the Supreme Court's ... ruling which will likely aam if they decide to accept it which I imagine they would ... aam would come probably around this time next year ... this is becoming quite tricky because Ashby now we have I think it is a state Senate approve same sex marriage of Massachusetts of course leading the way in two thousand for ... so you have many couples ... who marry their state ... but then not married according to the federal government any concrete also some headaches filing ... tax returns things like that nature ... I did this really with it the heart of this adventure saying this is an unfair burden on these couples ... they are legally married me for saintly the debt to the States ... the wind out of respect that ... all right and and marriages initially been nom of left up to the states the states decide who can get married how they ... you know how they do how they get married what sorts of benefits ... that married couples get ... that has been the province of state and federal government has now come in and said well ... you know we need to define marriage aam ... but I think this is sort of um you know that that the judge in this case ... the judges decided to stay ... well guess where this is very much still the province of the state's we respect that ... and aam there's no constitutional there's no real good justification for why ... this defense of marriage Act needed to be enacted in the first place ... so what are they shut it down and I think it's still a lot of this is going to play out that the state level ... and what's interesting is despite effectively seen some states like North Carolina was recently passed a costume amended ... on saying that marriage can only be between him and when we are seeing a big shift on a national scale in terms of public opinion in March ... BBC bosses are ... all basically showing that forty nine percent almost half of Americans ... now favor allowing same sex marriage ... on and that's that's change Mike is down from forty one percent in two thousandnine when was the reverse has happened with those ... who oppose it so ... it's represents is this conundrum and it looks like the Supreme Court ... is going have to ultimately decide in two thousand thirteen ... to be a very big year in many ways for same sex marriage rights in Supreme Court Wall Street that ... that right on the night you could be linked to differ Dish is still issues like that of the Supreme Court the same time you how does recall ... the Proposition eight in California which was a measure that was passed ... aam back into thousandeight of banning same sex marriage in the state ... that was also ruled unconstitutional by lor quart and a federal appeals court that is to get to the Supreme Court is well see if two different issues whether the federal government ... to define marriage as only between a man and woman on the one hand and then secondly can estate dancing sex marriage by altogether one of the infield is to see whether the Supreme Court for emerges these two together and make some of the ruling on ... same sex Marriage Rights Evelyn once and for all exactly warm weather on whether they they keep them separate and eight years at the right that the tide is turning public opinion is turning ... on whether or not this would even be an issue with ten fifteen twenty years from now who knows but for right now on the Supreme Court to say and you can see him becoming even stickier with you know some of the state saying all right ... we allow same sex marriage I mean if the federal government then again ... says alright ... don't was struck down right we the federal government supported the state's ... there all the states who don't ... may have same sex marriage be legal Jamie Certusi company saying why can't put my business in those states where same sex marriages illegal causes can affect my poison might affect my recruiting ability ... didn't identity Molson sedan ... against those states that how ... long right here in NZ seems like there's a whole can walk ... right it's a whole can of worms and I think um this thing to be mindful of is that as you alluded to earlier it's a rapidly changing I mean ... on break now you've got him to eat that that that allowed it to pass laws banning it on those numbers are points change while when I would ... guess ... aam over the next ... two three years ... and so aam you know come he's trying to make decisions but where to go I you know I just think that that this was probably will the premature to hang a decision like